Definition of rape has been changed

Source:- indiatimes.com

KOCHI: The concept that having sex with a woman without her consent amounts to rape has changed recently. As the law stands now, insertion of any object or body part into the vagina would amount to rape.

An amendment was brought to IPC Section 375 (rape). As per sub-section 2 of Section 375, a man is said to commit rape if he `inserts, to any extent, any object or a part of the body , not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person’. This is in addition to attracting the offence of rape for inserting penis into the vagina, mouth, urethra, or anus of a woman.

Legal experts too agree that mere insertion of finger into a woman’s vagina can be termed `rape’. Additional advocate general Ranjith Thampan said: “Fingering will come within the definition of rape as per the amendment brought in law recently . As per the earlier law, insertion of penis was required to attract the offence of rape. That has been changed now. So, this is definitely a rape.”

Former director general of prosecution (DGP) T Asaf Ali too agreed: ” According to the new amendment, inserting anything into the vagina equals rape. Such a provi sion was absent in IPC as it stood earlier.

Insertion of any material will amount to rape now.”

He added that the amendment regarding rape was discussed in detail by the high court during the hearing on a petition in the Jisha murder case. While representing the state government as DGP , the court had asked him how the offence of rape was attracted in Jisha’s case and the amended section was cited to point out that insertion of anything into the vagina amounts to rape, he said.

Former criminologist James Vadackumchery too clarified that there was the need for penetration using an organ or object to charge rape under new rules. Offences, other than penetration, will not account for the same and will be counted as sexual assault. Cops usually don’t lodge this section without hints of the same in the medical report.

ADGP B Sandhya said that various charges that the police slap on the accused are aimed at strengthening the case and based on the first information. “Media can always choose not to mention rape, etc, considering the hurt such facts can cause on the survivor and her kin even if legally the case file mentions sections pertaining to such act,” she said.